CIVIL LAW
Why Sue? Money (Damages) Justice Injunction (Court Order)
Who are the parties? Litigants Plaintiff (Person suing) Defendant (People being sued) Third Parties (People being sued by the defendant)
How do you sue? Writ of Summons Statement of Claim Served on Defendant
How do you defend? Statement of Defence Counterclaim Third Party Claim
Civil Remedies Divide into Groups of Four
Civil Remedies 1 - General Damages - Pecuniary 396 2 - General Damages - Non- pecuniary 397 3 - Special Damages Punitive Damages Nominal Damages 399 4 - Specific Performance 400 Injunctions
Questions p. 404 -- Questions 1-4 Louis Vuitton case on p. 405 Questions 1,3,4 pp.409 -- Questions 5, 6, 7, 12, 13 Cases on p.411 & 414
Why can you sue? Breach of Contract Tort Equitable Remedy Statutory Standing (e.g. Family Law)
Torts Tort: Harm caused to a person or property for which the law provides a civil remedy
Torts Two Types: Unintentional Torts - injuries caused by accident or an action not intended to cause harm (negligence) Intentional Torts - actions intended to cause injury with others
Intentional Torts (pp. 441-466) Assault Battery False Imprisonment Malicious Prosecution Intentional Infliction of Nervous Shock Invasion of Privacy
Homework Do questions 1-6 on p. 450
Intentional Torts Trespass to Land Nuisance Trespass to Chattels Conversion
Defences to Intentional Torts Consent - “Volenti non fit injuria” “Voluntary assumption of risk” Self-Defence Defence of Third Party Legal Authority
CASE Minet v. Kossler (p. 455)
Defamation of Character Inuring a person’s reputation or good name Slander - verbal Libel - Written
Defences to Defamation Truth Fair Comment (honest & without malice) Absolute Privilege (Court & Parliament) Qualified Privilege